FORM V

(See Rule 10)

APPLICATION FILED BEFORE THE RENT COURT

IN THE RENT COURT AT POONAMALEE

[Link]. of 2022

In the matter of Tenancy

Unregistered agrmt
Dated 01.05.2006
R. Srinivasan,
S/o. B. Rajamanikam,
No.1/60, Pillayar koil Street,
Kattupakkam, Poonamalle,
Chennai- 600 056

R. Rajasekar,
S/o. B. Rajamanikam,
No.1/60, Pillayar koil Street,
Kattupakkam, Poonamalle,
Chennai- 600 056
...Applicant/Landlord
-Vs-

V. Thiruvenkata Ramanujam,
S/o. G. Venkat Raj,
No.70, Rayala Nagar, Valluvarsalai,
Ramapuram,
Chennai 600 089
…Respondent/Tenant

PETITION FILED UNDER SECTIONS 21 (2) (a) (b) (c) (d) & (e)
OF TAMIL NADU REGULATION OF RIGHTS AND
RESPONSIBILITIES OF LANDLORDS AND TENANTS ACT,
2017

The petitioner above named submits as follows: -

1. Particulars of violation against which the present

application is made.
The petitioner submits that the respondent is neither co-operating for

regularizing the rental agreement nor paying the arrears of rent.

Hence, this petition. Therefore, tenant has committed violation under

Section 13(1) and 21 (2) (a) (b) (c) (d) & (e) of Tamil Nadu Regulation of

Rights and Responsibilities of Landlord and Tenants Act, 2017.

2. Jurisdiction of the Rent Court:

The applicant declares that the rental premises is situated at

Ramapuram Village (Firka), Poonamalle (subject-matter of this

application) morefully described in the scheduled is within the

jurisdiction of the rent court.

3. Facts of the case:

3.1 The petitioner respectfully states that the respondent entered

into a Rental Agreement on 01.05.2006, with their father Mr.

[Link], for a period of 11 months from 01.05.2006 to

31.03.2007 for a monthly rental of Rs.4000/- per month and after six

months the rent has to be increased by an incremental of Rs.1000/-

and thereby the total sum payable per month was Rs.5000/-. The

tenant has paid Rs.75,000/- as rental advance under the said rent

agreement. Further, it is submitted that the said agreement was

extended for another eleven months as per the provision of Transfer

of Property Act. Accordingly, the rent was enhanced to Rs.20,000/-

per month for the renewed period.

3.2 The petitioner further submits that the respondent was

permitted to take lease on the roof garden area on the terrace to an

extent of 400 [Link] for which the rent was fixed at Rs.10,000/- per

month and also the respondent had paid an additional advance of

Rs.1,00,000/-. Therefore, it is submitted that, on the whole the

respondent had lease agreement only for the above said demised

premises and the last paid rent to the petitioner was Rs.73,000/- as

per the agreement.

3.3 The petitioner submits that the whole property consist of five

shops in the ground floor and five shops in the 1 st floor and a small

restroom area, situated at No.70, Rayala Nagar, Valluvar salai,

Ramapuram, Chennai- 600 089, has devolved to R. Srinivasan and

his brother R. Rajasekar by intestate succession, upon the demise of

their father Late [Link] on 14.02.2019 and they are the

absolute owners of the above-mentioned rented property and the

respondent had entered into a rental agreement with regard to the

schedule property hereinafter referred to as “Demised Premises.”,

which is a portion of the above mentioned property.

3.4 The petitioner submits that the respondent entered into the

said agreement only for the ground floor, Shop No.5, admeasuring

15x10 ft.+10x10=350 Sqft along with areas; the demised premises as

per schedule therein as follows:

a) A backyard admeasuring 17x33 ft.

b) A storage space admeasuring 10x30ft.
c) A space for workers restroom 10x20ft.
d) Passage along with toilet admeasuring 15x17 ft common
space.

3.5 The petitioner submits that the said rental agreement was

subjected to the terms and condition agreed there under and that the

agreement was renewable only by mutual consent. Further, the rental

agreement was agreed on the term that the tenancy if renewed then

the rent will be enhanced upon the prevailing rent on mutually

agreed terms.

3.6 The petitioner submits that the respondent was running a hotel

by the name and style of “SRI LAKSHMI BHAVAN- VEG HOTEL” in

the above-mentioned demised premises till the year 2008 and the

agreement was not renewed any further. The petitioner upon

enquiry, came to know that the respondent is not in possession of the

said demised premises now. It is further submitted that some

miscreants are holding the property by illegal means.

3.7 The petitioner further submits that the said hotel of the

respondent is in a bad and depleted conditions without proper

maintenance that has caused damage to the building. Further, the

said hotel is being operated by some unknown persons, enrichers

without any proper license from the statutory authority. It is

submitted that the respondent has involved in illegal activities that

are hazardous and amounting to violation of public safety and health.

3.8 The petitioner respectfully submits that during the lifetime of

their father Late [Link], he called the respondent several

times to vacate the demised premises due to his needs and health

condition. The respondent promised to vacate the demised premises

but was prolonging the lease for some reasons best known to him.

Further, the respondent had sub-let the demised premises to some

third parties without the consent for renewal from the lessor as

mentioned above, amounting to breach of the agreement. It is further

submitted that the petitioner has all the rights as the lawful owner of

the schedule mentioned property to evict the respondent by due

process of law.

3.9 The petitioner submits that the respondent has defaulted in

non- payment of rent from the month of January 2019 till the date of
notice on 16.02.2022, which has accumulated to a sum of

Rs.6,23,000/- (Rupees six lakhs twenty-three thousand only) and

further the rent were not paid till date by the respondent. Therefore,

the rent dues stands outstanding for the said period to a sum of

Rs.2,92,000/- totalling to a sum of Rs.9,15,000/-

3.10 The petitioner respectfully submits that even though the

petitioners had repeatedly requested the respondent to vacate the

demised premises and to hand over the possession of the said

property, the respondent failed to act upon the request. Further, the

respondent being a defaulter often confronted the petitioners of dire

consequences, if they continue to insist him to vacate the said

demised premises. If questioned by the petitioner, he attempted to do

acts which amounts to criminal intimidation and offences of trespass.

3.11 The petitioner begs to submit the respondent attempted to

encroach the vacant shops in the 1st floor area and also causing

nuisance to the petitioner by playing mischief against them. It is

submitted that the respondent had threatened the petitioner of dire

consequences, if they questioned the respondent and the same had

resulted in a complaint before the Local Police Station, wherein the

police upon enquiry warned the respondent not to indulge in the said

illegal acts. At that point of time, the respondent had promised to

vacate the shop no.5 and handover the vacant possession and also

that he would clear the outstanding due with regard to the demised

property.

3.12 The petitioner respectfully submits that he being a law-abiding

citizen believed that the tenant shall oblige to the promises given by

him before. Further, the tenant failed to adhere to his promises and

started to abuse the petitioners with a malafide intention to continue

his occupation of the demised premises.

3.13 The petitioner begs to submit that reasonable time was given to

the respondent with regard to vacating the demised premises and to

hand over the vacant possession of the demised premises by way of

notice dt. 16.02.2022, sent through registered post on 17.02.2022,

to both his residential address and to the shop address, being the

demised premises. It is further submitted that the respondent had

failed to acknowledge, as the above said notice was returned with the

postal endorsement as “unclaimed”. The said fact proves that the

either the respondent is playing foul against the petitioner or the

respondent has vacated the demised premises without any

intimation.

3.14 The petitioner further submits that the respondent on knowing

the demise of the petitioners father Late [Link] had

attempted to grab the aforesaid property. The respondent has filed a

suit in [Link].23/2022 before the learned Principal District Munsiff

Court, Poonamallee with a malafide intention by suppressing material

facts and evidences and have falsely claimed before the Hon'ble Court

for a relief of Permanent Injunction against the petitioner. It is further

submitted that in the above-mentioned suit, the respondent has

falsely claimed the possession beyond the area that is mentioned in

the said lease agreement dt.01.05.2006.

3.15 The petitioner submits that the respondent tenant had

defaulted in the payment of rents and the outstanding due as of date

has been calculated as Rs.9,15,000/- (Rupees Nine Lakhs Fifteen

thousand only) so as above and the default continues. The

respondent has defaulted as contemplated under Section 13(1) of the

Tenancy Act, 2017 and in compliance of section 21(2) (b), the

respondent tenant has been put on notice dt.16.02.2022 by the

petitioner as mentioned above. The respondent who had neither

regularized the lease by entering into an agreement nor paid the rents

in time as mandated under the Act. Therefore, the petitioner is

entitled to seek reliefs under sections 21(2) (a) (b) (c) (d) & (e) of the

Act,2017.

3.16 The petitioner submits that the respondent has neither vacated

the premises nor paid the arrears of rent till date. Moreover, the
respondent continues to enjoy the Demised premises till date. Hence,

the petitioner has no other recourse, except to approach this

Honourable Court to vacate the respondent from the rental premises

and to obtain the possession of the same.

3.17 The petitioner humbly submits that the aforesaid default in

payment amounts to violation of the terms and conditions of the

rental agreement mentioned above. The tenant is not co-operating for

execution and registration of the rental agreement. Therefore, tenant

has committed violation under Section 13(1) and 21 (2) (a) (b) (c) (d) &

(e) of Tamil Nadu Regulation of Rights and Responsibilities of

Landlord and Tenants Act, 2017.

3.18 The Hon’ble High Court C.R.P.(NPD). No.3317 of 2019 passed

an order dated 14.10.2019 where in the Hon’ble High Court had

permitted to initiate proceedings under the Tamil Nadu Regulation of

Rights and Responsibilities of Landlords and Tenants Act, 2017, even

in the absence of registration of the lease agreement as mandated

under Section 4 of the Act. In the said order the Hon’ble High Court

has categorically held that it shall not be a bar as envisaged under

Section 4A was in the absence of a registered Tenancy Agreement.

The Hon’ble Court further in [Link] V. [Link] & Other

Connected matters, 2022 SCC Online Mad 375 ([Link]. 3056 of

2021 & Others- Dated 04.02.2022 – [Link],J.) has held

that, requirement of Registered Agreement Under Tamil Nadu

Regulation of Rights and Responsibilities of Landlords and Tenants

Act, 2017, is not of Universal Application. It has been held that, in

some contingencies, the registered tenancy agreement is not

necessary for approaching the Rent Court. Hence, this Hon’ble Court

may be pleased to permit the petitioner herein to file the above

RLTOP.

3.19 It is submitted that the Demised premises mentioned in the

schedule here under is situated within the jurisdiction of this Hon’ble

court.

3.20 It is submitted a court of fee of Rs. 26280/- under Sec. 25 (d)

of the TN Court Fee and Stamp Valuation Act have been paid.

3.21 It is submitted that the present petition filed before this

Hon’ble court will be exempted under section 3 of the of Tamil Nadu

Regulation of Rights and Responsibilities of Landlord and Tenants

Act, 2017.

3.22 The petitioner submits that he has not obtained any decree or

order from any court for the same cause of action. The present

petition has been filed before this Hon’ble court to evict the

respondent under Section 4, 13 and 21 of Tamil Nadu Regulation of

Rights and Responsibilities of Landlord and Tenants Act, 2017. No

similar petition is pending before the eyes of law in any court for

similar relief or cause of action.

4. RELIEF SOUGHT

In the above said circumstances, it is prayed that this Hon’ble Court

may be pleased to order eviction against the Respondent on the

ground of failure to enter into an agreement under sub section 2 of

section 4 and default of rent under Sections 21 (2) (a) (b) (c) (d) & (e)

by quit and deliver vacant possessing of the schedule mentioned

property and thus render justice.

5. INTERIM ORDER

Pending final decision on the application, the applicant seeks

the following interim relief:

In the above said circumstances, it is prayed that this Hon’ble Court

may be pleased to direct the respondent tenant to pay the arrears of

rent of Rs.9,15,000/- (Rupees Nine lakhs & Fifteen thousand only)

(from January 2019 till the date of filing this petition) and the

future monthly rent of Rs.73,000/- per month on or before 10th day

of every month pending disposal of the above RLTOP under Sec.25 of

the Act.

Dated at Chennai on this the day of April, 2022.

COUNSEL FOR APPLICANT APPLICANT

VERIFICATION

We, R. Srinivasan and R. Rajasekar, S/o. B. Rajamanikam, aged

about yrs, residing at No.1/60, Pillayar koil Street, Kattupakkam,
Poonamalle, Chennai- 600 056, the applicant herein, do hereby verify
that the contents of paras 1 to 5 are true to my personal knowledge
and paras 1 to 5 believed to be true on legal advice received and I
hereby declare that I have not suppressed any material facts.

Verified at Chennai this the day of April, 2022

APPLICANT

SCHEDULE

All the piece and parcel of building in Shop No.5 at Door No.70,

Rayala Nagar, Valluvarsalai, Ramapuram, Chennai 600 089 therein

as follows:

a) Shop No.5 admeasuring 15x10 ft.

b) A backyard admeasuring 17x33 ft.
c) A storage space admeasuring 10x30ft.
d) A space for workers restroom 10x20ft.
e) Passage along with toilet admeasuring 15x17 ft common space.

VERIFICATION

We, R. Srinivasan and R. Rajasekar, S/o. B. Rajamanikam, the

applicants herein, do hereby declare that what is stated above in
Schedule is true and correct.

Verified at Chennai this the day of April, 2022.

 APPLICANT

LIST OF DOCUMEMTS
[Link]. Date Documents Nature

1. 01.05.2006 Rental Agreement Between Copy

Petitioner and Respondent
2. Death Certificate of Copy
[Link]
3. Legal Heirs Certificate of Copy
[Link]
3. 16.02.2022/ Notice issued by landlord with Copy
17.02.2022 registered postal receipt.
4. Returned Covers(2)

VERIFICATION

We, R. Srinivasan and R. Rajasekar, S/o. B. Rajamanikam, the

applicants herein, do hereby declare that what is stated above in

list of documents is true and correct.

Verified at Chennai this the day of April, 2022.

APPLICANT

MEMO OF VALUATION

Annual Rental Value under the Court fee paid under Sec.25(d)
Rental Agreement. of the TN Court Fee & Suit
Rs.73000/- X 12 Valuation Act.
3% on the annual value
Rs.876000/- Rs.26280/-
Dated at Chennai on this the day of April, 2022.

APPLICANT

IN THE RENT COURT AT CHENNAI

[Link]. of 2022

R. Srinivasan,
S/o. B. Rajamanikam & anr

...Petitioner/Landlord

-Vs-
V. Thiruvenkata
Ramanujam,
S/o. G. Venkat Raj,
…Respondent/Tenant
 PETITION U/S 21 (2) (a) & (b) OF TAMIL
NADU REGULATION OF RIGHTS AND
RESPONSIBILITIES OF LANDLORDS
AND TENANTS ACT, 2017

[Link] 1270/1995
Girija Velmurugan 1023/1998
[Link] 419/1996
[Link] Rao 1516/2009
[Link] Vishwanathan 4597/2018

COUNSEL FOR PETITIONER

CELL:

IN THE COURT OF SMALL CAUSES AT CHENNAI

[Link]. of 2022
In
[Link]. of 2022

R. Srinivasan,
S/o. B. Rajamanikam,
No.1/60, Pillayar koil Street,
Kattupakkam, Poonamalle,
Chennai- 600 056

R. Rajasekar,
S/o. B. Rajamanikam,
No.1/60, Pillayar koil Street,
Kattupakkam, Poonamalle,
Chennai- 600 056 ...Petitioner/Landlord
-Vs-
V. Thiruvenkata Ramanujam,
S/o. G. Venkat Raj,
No.70, Rayala Nagar, Valluvarsalai,
Ramapuram,
Chennai 600 089 …Respondent/Tenant

INTERIM PETITION UNDER SEC.25 OF THE TAMIL NADU

REGULATION OF RIGHTS AND RESPONSIBLITIES OF
LANDLORDS AND TENANTS ACT, 2017

For the reasons stated in the accompanying affidavit, I pray that this
Hon’ble Court may be pleased to direct the respondent/ tenant to pay
the arrears of rent of Rs.9,15,000/- (Rupees Nine lakhs & Fifteen
thousand only) (from January 2019 till the date of filing this
petition) and the future monthly rent of Rs.73,000/- per month on
or before 10th day of every month pending disposal of the above
RLTOP.
Dated at Chennai on this the day of April, 2022

COUNSEL FOR PETITIONER

IN THE COURT OF SMALL CAUSES AT

CHENNAI

[Link]. of 2021
In
[Link]. of 2021

R. Srinivasan,
S/o. B. Rajamanikam & anr

...Petitioner/Landlord

-Vs-
 V. Thiruvenkata
Ramanujam,
S/o. G. Venkat Raj,
…Respondent/Tenant

INTERIM PETITION U/S.25 OF THE

TAMIL NADU REGULATION OF RIGHTS
AND RESPONSIBLITIES OF
LANDLORDS AND TENANTS ACT, 2017

[Link] 1270/1995
Girija Velmurugan 1023/1998
[Link] 419/1996
[Link] Rao 1516/2009
[Link] Vishwanathan 4597/2018

COUNSEL FOR PETITIONER

CELL:

IN THE COURT OF SMALL CAUSES AT CHENNAI

[Link]. of 2022

R. Srinivasan,
S/o. B. Rajamanikam,
No.1/60, Pillayar koil Street,
Kattupakkam, Poonamalle,
Chennai- 600 056

R. Rajasekar,
S/o. B. Rajamanikam,
 No.1/60, Pillayar koil Street,
Kattupakkam, Poonamalle,
Chennai- 600 056 ...Petitioner/Landlord
-Vs-

V. Thiruvenkata Ramanujam,
S/o. G. Venkat Raj,
No.70, Rayala Nagar, Valluvarsalai,
Ramapuram,
Chennai 600 089 …Respondent/Tenant

AFFIDAVIT FILED BY THE PETITIONER

I, R. Srinivasan and R. Rajasekar , S/o. B. Rajamanikam, aged about
yrs, residing at No.1/60, Pillayar koil Street, Kattupakkam,
Poonamalle, Chennai- 600 056 do hereby solemnly and sincerely
affirm and state as follows;

1. I am the petitioner in the above case and as such I am well acquainted

with the facts and circumstances of the case. I am authorised to filed

this affidavit on behalf of the second petitioner.

2. I submit that the address for service of all notices and processes on the

petitioner is that of my Counsel M/s. Mr. [Link], Girija

Velmurugan, [Link], [Link] Rao, [Link]

Vishwanathan, having office at No.6, ‘Chennai House’, Esplanade

Road, George Town, Chennai-600108.

3. The respondent is Mr. V. Thiruvenkata Ramanujam, S/o. G. Venkat

Raj, aged years, residing at No.70, Rayala Nagar, Valluvarsalai,

 Ramapuram, Chennai 600 089. The address for service of all notices

and other processes on the respondent is the same as stated above.

4. I submit that the respondent entered into a Rental Agreement on

01.05.2006, with our father Mr. [Link], for a period of 11

months from 01.05.2006 to 31.03.2007 for a monthly rental of

Rs.4000/- per month and after six months the rent has to be increased

by an incremental of Rs.1000/- and thereby the total sum payable per

month was Rs.5000/. The tenant has paid Rs.75,000/- as rental

advance under the said rent agreement. Further, it is submitted that

the said agreement was extended for another eleven months as per the

provision of Transfer of Property Act. Accordingly, the rent was

enhanced to Rs.20,000/- per month for the renewed period.

5. I submit that the respondent was permitted to take lease on the roof

garden area on the terrace to an extent of 400 [Link] for which the rent

was fixed at Rs.10,000/- per month and also the respondent had paid

an additional advance of Rs.1,00,000/-. Therefore, it is submitted

that, on the whole the respondent had lease agreement only for the

above said demised premises and the last paid rent to the petitioner

was Rs.73,000/- as per the agreement.

6. I submit that the whole property consist of five shops in the ground

floor and five shops in the 1st floor and a small restroom area, situated

at No.70, Rayala Nagar, Valluvar salai, Ramapuram, Chennai- 600

089, has devolved to me and my brother R. Rajasekar by intestate

succession, upon the demise of our father Late [Link] on

14.02.2019 and we are the absolute owners of the above-mentioned

rented property and the respondent had entered into a rental

agreement with regard to the schedule property hereinafter referred to

as “Demised Premises.”, which is a portion of the above mentioned

property.

7. I submit that the respondent entered into the said agreement only for

the ground floor, Shop No.5, admeasuring 15x10 ft.+10x10=350 Sqft

along with areas; the demised premises as per schedule therein as

follows:

a) A backyard admeasuring 17x33 ft.

b) A storage space admeasuring 10x30ft.
c) A space for workers restroom 10x20ft.
d) Passage along with toilet admeasuring 15x17 ft common space

8. I submit that the said rental agreement was subjected to the terms and

condition agreed there under and that the agreement was renewable

only by mutual consent. Further, the rental agreement was agreed on

 the term that the tenancy if renewed then the rent will be enhanced

upon the prevailing rent on mutually agreed terms.

9. I submit that the respondent was running a hotel by the name and

style of “SRI LAKSHMI BHAVAN- VEG HOTEL” in the above-mentioned

demised premises till the year 2008 and the agreement was not

renewed any further. The petitioner upon enquiry, came to know that

the respondent is not in possession of the said demised premises now.

It is further submitted that some miscreants are holding the property

by illegal means.

10. I further submit that the said hotel of the respondent is in a bad and

depleted conditions without proper maintenance that has caused

damage to the building. Further, the said hotel is being operated by

some unknown persons, enrichers without any proper license from the

statutory authority. It is submitted that the respondent has involved in

illegal activities that are hazardous and amounting to violation of

public safety and health.

11. I submit that during the lifetime of our father Late [Link], he

called the respondent several times to vacate the demised premises

due to his needs and health condition. The respondent promised to

vacate the demised premises but was prolonging the lease for some
 reasons best known to him. Further, the respondent had sub-let the

demised premises to some third parties without the consent for

renewal from the lessor as mentioned above, amounting to breach of

the agreement. It is further submitted that I have all the rights as the

lawful owner of the schedule mentioned property to evict the

respondent by due process of law.

12. I submit that the respondent has defaulted in non- payment of rent

from the month of January 2019 till the date of notice on 16.02.2022,

which has accumulated to a sum of Rs.6,23,000/- (Rupees six lakhs

twenty-three thousand only) and further the rent was not paid till date

by the respondent. Therefore, the rent dues stands outstanding for the

said period to a sum of Rs.2,92,000/- totalling to a sum of

Rs.9,15,000/-

13. I respectfully submit that even though the petitioners had repeatedly

requested the respondent to vacate the demised premises and to hand

over the possession of the said property, the respondent failed to act

upon the request. Further, the respondent being a defaulter often

confronted us of dire consequences, if we continue to insist him to

vacate the said demised premises. If questioned by us, he attempted to

do acts which amounts to criminal intimidation and offences of

trespass.
14. I beg to submit the respondent attempted to encroach the vacant

shops in the 1st floor area and also causing nuisance by playing

mischief against us. It is submitted that the respondent had

threatened us of dire consequences, if we questioned the respondent

and the same had resulted in a complaint before the Local Police

Station, wherein the police upon enquiry warned the respondent not to

indulge in the said illegal acts. At that point of time, the respondent

had promised to vacate the shop no.5 and handover the vacant

possession and also that he would clear the outstanding due with

regard to the demised property.

15. I respectfully submit that I being a law-abiding citizen believed that the

tenant shall oblige to the promises given by him before. Further, the

tenant failed to adhere to his promises and started to abuse us with a

malafide intention to continue his occupation of the demised premises.

16. I beg to submit that reasonable time was given to the respondent with

regard to vacating the demised premises and to hand over the vacant

possession of the demised premises by way of notice dt. 16.02.2022,

sent through registered post on 17.02.2022, to both his residential

address and to the shop address, being the demised premises. It is

further submitted that the respondent had failed to acknowledge, as

 the above said notice was returned with the postal endorsement as

“unclaimed”. The said fact proves that the either the respondent is

playing foul against us or the respondent has vacated the demised

premises without any intimation.

17. I further submit that the respondent on knowing the demise of our

father Late [Link] had attempted to grab the aforesaid

property. The respondent has filed a suit in [Link].23/2022 before the

learned Principal District Munsiff Court, Poonamallee with a malafide

intention by suppressing material facts and evidences and have falsely

claimed before the Hon'ble Court for a relief of Permanent Injunction

against us. It is further submitted that in the above-mentioned suit,

the respondent has falsely claimed the possession beyond the area that

is mentioned in the said lease agreement dt.01.05.2006.

18. I submit that the respondent tenant had defaulted in the payment of

rents and the outstanding due as of date has been calculated as

Rs.9,15,000/- (Rupees Nine Lakhs Fifteen thousand only) so as above

and the default continues. The respondent has defaulted as

contemplated under Section 13(1) of the Tenancy Act, 2017 and in

compliance of section 21(2) (b), the respondent tenant has been put on

notice dt.16.02.2022 by us as mentioned above. The respondent who

had neither regularized the lease by entering into an agreement nor

 paid the rents in time as mandated under the Act. Therefore, we are

entitled to seek reliefs under section 21(2) (a) (b) (c) (d) & (e) of the

Act,2017.

19. I submit that the respondent has neither vacated the premises nor

paid the arrears of rent till date. Moreover, the respondent continues to

enjoy the Demised premises till date. Hence, we have no other

recourse, except to approach this Honourable Court to vacate the

respondent from the rental premises and to obtain the possession of

the same.

20. I humbly submit that the aforesaid default in payment amounts to

violation of the terms and conditions of the rental agreement

mentioned above. The tenant is not co-operating for execution and

registration of the rental agreement. Therefore, tenant has committed

violation under Section 13(1) and 21 (2) (a) (b) (c) (d) & (e) of Tamil

Nadu Regulation of Rights and Responsibilities of Landlord and

Tenants Act, 2017.

21. The Hon’ble High Court C.R.P.(NPD). No.3317 of 2019 passed an order

dated 14.10.2019 where in the Hon’ble High Court had permitted to

initiate proceedings under the Tamil Nadu Regulation of Rights and

Responsibilities of Landlords and Tenants Act, 2017, even in the

absence of registration of the lease agreement as mandated under

Section 4 of the Act. In the said order the Hon’ble High Court has

categorically held that it shall not be a bar as envisaged under Section

4A was in the absence of a registered Tenancy Agreement. The Hon’ble

Court further in [Link] V. [Link] & Other Connected

matters, 2022 SCC Online Mad 375 ([Link]. 3056 of 2021 & Others-

Dated 04.02.2022 – [Link],J.) has held that, requirement of

Registered Agreement Under Tamil Nadu Regulation of Rights and

Responsibilities of Landlords and Tenants Act, 2017, is not of

Universal Application. It has been held that, in some contingencies, the

registered tenancy agreement is not necessary for approaching the

Rent Court. Hence, this Hon’ble Court may be pleased to permit the

petitioner herein to file the above RLTOP.

In the above said circumstances, I pray that this Hon’ble Court may

be pleased to direct the respondent tenant to pay the arrears of rent of

Rs.9,15,000/- (Rupees Nine lakhs & Fifteen thousand only) (from

January 2019 till the date of filing this petition) and the future

monthly rent of Rs.73,000/- per month on or before 10th day of every

month pending disposal of the above RLTOP.

In the above said circumstances, I pray that this Hon’ble Court may

be pleased to order eviction against the Respondent on the ground of

failure to enter into an agreement under sub section 2 of section 4 and

default of rent under section 21 (2) (a) (b) (c) (d) & (e) by quit and

deliver vacant possessing of the schedule mentioned property and thus

render justice.

Solemnly affirmed at Chennai Before me

On this day April of 2022

Signed his name in my presence Advocate,

Chennai

IN THE RENT COURT AT CHENNAI

[Link]. of 2022

R. Srinivasan,
S/o. B. Rajamanikam & anr

...Petitioner/Landlord

-Vs-
V. Thiruvenkata
Ramanujam,
S/o. G. Venkat Raj,
…Respondent/Tenant
 DOCUMENT NO. 1 FILED BY THE
APPLICANT

[Link] 1270/1995
Girija Velmurugan 1023/1998
[Link] 419/1996
[Link] Rao 1516/2009
[Link] Vishwanathan 4597/2018

COUNSEL FOR PETITIONER

CELL: